Council of the Cherokee Nation - File #: 07-024

• File #: 07-024
• Version: 1
• Name: Duties of the Attorney General
• Type: Legislative Act
• Status: Passed
• File created: 1/12/2007
• In control: RULES COMMITTEE
• On agenda: 1/25/2007
• Final action: 3/19/2007
• Enactment date: 3/12/2007
• Enactment #: LA-12-07
• Title: A LEGISLATIVE ACT AMENDING TITLE 51, "OFFICERS", OF THE CHEROKEE NATION CODE ANNOTATED ; RELATING TO DUTIES OF THE ATTORNEY GENERAL
• Sponsors: Meredith Frailey, Taylor Keen
• Indexes: Attorney General
• Code sections: Title 51 - Officers and Employees
• Related files: 18-025, 11-154, 12-008, R-69-06

Date	Ver.	Action By	Action	Result
3/19/2007	1	OFFICE OF THE CHIEF	Signed
3/12/2007	1	TRIBAL COUNCIL	Approved	Pass
2/23/2007	1	RULES COMMITTEE	Approved and Forwarded to Council	Pass
1/25/2007	1	RULES COMMITTEE	Tabled	Pass

Title
A LEGISLATIVE ACT AMENDING TITLE 51, "OFFICERS", OF THE CHEROKEE NATION CODE ANNOTATED ; RELATING TO DUTIES OF THE ATTORNEY GENERAL
Body
BE IT ENACTED BY THE CHEROKEE NATION:

Section 1. Title and Codification.

This act shall be known as the Attorney General Act and shall be codified as Title 51, Sections 101 et seq. of the Cherokee Nation Code Annotated.

Section 2. Legislative History.

This Act repeals the current legislation concerning the Attorney General and supersedes said law. On June 7, 2006, in case number JAT-05-04, the Cherokee Nation Supreme Court declared that the Cherokee Nation Constitution drafted in 1999 and ratified by the Cherokee People in 2003 was in effect as of July 26, 2003. This Act is necessary in order to comply with Article VII, Section 13, of the 1999 Cherokee Nation Constitution. The primary sources of this Act are Title 74, Chapter 2, of the Oklahoma Statutes, and Title 28, Chapter 31, of the United States Code, in effect as of August 1, 2006.

Section 3. Repeal of Title 51, Sections 51 through 58 of the Cherokee Nation Code Annotated.

The provisions concerning the Attorney General, codified at Cherokee Nation Code Annotated, Title 51, Sections 51 through 58, are hereby repealed and superseded in their entirety by this Act.

Section 4. Title 51, Cherokee Nation Code Annotated § 101 shall read as follows:

Purpose.

The purpose of this Act is to assign to the Cherokee Nation’s Attorney General those “other duties as the Council may prescribe by law” as provided for in Article VII, Section 13, of the Cherokee Nation Constitution drafted in 1999 and ratified in 2003. The Council recognizes the duties and powers delegated to the Attorney General by said Constitution and finds that nothing herein shall be construed to diminish or abridge those duties and powers delegated to the Attorney General by said Constitution.

Section 5. Title 51, Cherokee Nation Code Annotated § 102 shall read as follows:

Definitions.

For purpo...